Terms and Conditions Last revised: 03/05/2018 1. Introduction l.l These terms and conditions shall govern the sale and purchase of all Products offered by Photography by Maryna either in-person or remotely. 1.2 By placing and order with Photography by Maryna you give your express agreement to these terms and conditions. 2. Interpretation 2.1 In these terms and conditions: a) ‘we’ means photography by Maryna b) ‘you’ means our customer or prospective customer, c) ‘us’, ‘our’ and ‘your’ should be constructed accordingly. 3. Booking Process 3.2 No contract will come into force between you and us, unless and until we accept your order. 3.3 To enter into a contract with an: a) 'in person' sale you must place an order in person with director of Photography by Maryna, who will make a note of your order request. Your order will be deemed as accepted upon receipt of full payment b) 'phone or email' sale you must notify us of your order request. We will then review your order, and send you a confirmation email. Your order will be then deemed as accepted upon receipt of full payment 3.4 Upon our acceptance of your order, no changes may be made to your order unless confined in writing by us. 3.5 There is a non-refundable retainer charged at the time of booking to secure the session slot. It will used towards photo packages or products during the viewing session. 3.6 The retainer paid is to reserve time slot in the diary and is NOT REFUNDABLE unless cancelled within 24 hours after booking. 3.7 You are under no obligation to purchase any images however if you wish to buy just a few prints, the minimal order value (from £180, depending on type of session) is applied. 3.8 There is no additional charges for sessions on location within 7 miles of St Austell. Further locations (up to 25 miles) are £15 extra on top of the package/products, payable upon booking. 3.9 Another session cannot be booked until any previous session payment balance have been fully finalised. LA FEMME MAKE OVER AND PHOTOSHOOT EXPERIENCE includes the service of professional make up/hairstyling artist therefore is subject to a NON REFUNDABLE retainer £85, taken at the time of booking to reserve time and space Under 18’s must be accompanied by parents. Arriving late may shorten make over and photo shoot. If this occurs, no refunds are given. The retainer of £85 paid is to reserve time slot in the diary of both photographer and Make up artist and is NOT REFUNDABLE unless cancelled within 24 hours after booking CAKE SMASH AND SPLASH EXPERIENCE is a subject to a NON REFUNDABLE retainer of £65 (or a special offer price if applicable). It will used towards photo packages or products during the viewing session. We provide theme of your choice, matching outfit and the cake to match the theme for this session. Retainer of £65 is paid to reserve time slot in the diary/cake order and is NOT REFUNDABLE unless cancelled within 48 hours after booking. The cake for this session will made to order, so if you fail to turn up to this appointment it is very likely we will not be able to reschedule it for you. If you are not able to come to the cake smash session, please let us know THREE DAYS prior to it for us to be able to reschedule for another day. If you child has allergies, please do not book the cake smash as we are not able to provide nut/dairy/egg/gluten free cakes at this stage. You can supply your own cake however no discounts shall be given. Please note every child behaved differently at cake smash session, not everyone will get into messy play. Some babies may not like to touch cakes. Maryna will do best to encourage the baby to “smash” however holds no responsibility for your child behaviour in such instances. VIEWING SESSION An appointment to view your images will be arranged at the end of your photo shoot session. Usually it takes place 7-10 days later. During extra busy times (e.g. Christmas), there may be 2 weeks wait for the viewing session. There you will be able to choose your packages and photo products. The viewing is done in the studio only. You will be shown the images already edited in photo editing software. Creative privilege. There are times when an image needs certain crop or a particular artistic treatment. We will do our best to match your tastes, but need to have the freedom to decide how to make an image look at its absolute best. All orders are picked up at the studio, however they can be mailed to you, cost of postage from £2.99. Most orders are fulfilled within 1-3 weeks, however some speciality products can take up to 6 weeks for delivery. Photos and products are only ordered once the order has been paid for in full. With digital packages you receive high resolution watermark free images with the right to unlimited usage (print in any size or quantity you want for personal use), it is not to be confused with copyright. All images remain copyrighted to Photography by Maryna. RESCHEDULING YOUR APPOINTMENTS We understand that things can get in a way sometimes so the sessions need to be rescheduled. Maryna will try to accommodate it the best she can however she cannot guarantee your second choice date will be available. Re-scheduling of the photo shoot appointment is possible up until 72 hours prior to the original appointment. La Femme makeover and photoshoot experience: rescheduling of your appointment is possible if at least 7 days notice is given. Cake Smash: we will not be able to reschedule the cake smash session without additional charge unless 3 days (72 hours) notice is given Please note we CANNOT re-schedule appointment more than THREE times. Some exceptions may apply, which are to the photographer’s discretion. Confirmations of appointments are sent via e-mail/text message/Facebook messaging. If you need to alter your appointment, please call the studio as soon as possible. After a second request to reschedule or if the session is not held within next 6 months of original session date, the Portrait Session Fee is forfeited and current pricing will apply to the new session. CANCELLING APPOINTMENTS If you need to cancel your appointment, please see REFUNDS 4. Products 4.1 We may periodically change the products available to order, and we do not undertake to continue to supply any particular product or type of product. 4.2 Some products ordered may be unavailable due to events outside of our control. In this event, an alternative product will be offered, or a refund issued. 4.3 All images and/or photographs included in, depicted in or contained in any of our products remain the full copyright of Photography by Maryna at all times. 4.4 Unauthorised duplication and/or replication of any images and/or photographs included within your order is Copyright Infringement and may be classed as a Criminal Offence. This includes, but not with limitation: a) scanning a printed photo/product onto a computer, b) photographing a printed photo/product, c) duplicating a printed photo/product in any way, 5. Prices 5.1 Our prices are available online or upon request for some products. 5.2 Our prices may change from time to time, but this will not affect contracts that have previously come into force. 5.3 All amounts and prices stated by Photography by Maryna are fully inclusive, and no additional VAT is payable unless otherwise stated. 6. Payments The booking retainer fee should be paid prior to the session taking place. The payment can be done by card, cash, online or bank transfer. The transactions are done on the secure servers via Paypal and all major credit/debit cards are accepted. 6.1 During the order process you must either a) pay the full price of the products you order OR b) make the partial payment with arrangement for the following payments to be discussed. 6.2 Payments may only be made in the permitted methods as specified and declared by us. 6.3 The products will be withheld until the amount is paid in full 6.4 If you made partial payment and not able to pay the remainder, no refund will be given and products will be withheld. 6.5 If you make an unjustified credit card, debit card or other charge- back, then you will be liable to pay us, within 7 days following the date of our written request: a) an amount equal to the amount of the charge-back, b) all third party expanses incurred by us in relation to the charge-back (including, but not exclusively charges made by our or your bank or payment processor or card issuer, c) an administration fee of £25.00 and d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section including without limitation legal and debt collection fees. 7. Manufacturing Products 7.1 As your order is likely to contain 'Bespoke' products, manufacturing of products within your order will not commence until full payment has been received under the terms and conditions of your order. 8. Collection and Delivery 8.1 Your order should be available to collect from Photography by Maryna within 28 days of: a) your order being accepted by Photography by Maryna AND b) Cleared payment being received by Photography by Maryna 8.1.1 In some circumstances, your order may be available to collect before 28 days. You will be notified in these circumstances. 9. Cancellation & Cancellation Rights 9.1 Many of our products consist of unique photographs and/or images made specifically for you. As a result the finished products containing or including these photographs and/or images are referred to as 'Bespoke and Customised Goods'. 9.2 Any orders placed at our 'premises' are defined as an 'on-premises' contract and are exempt from cancellation rights. 9.3 Under the 'Consumer Rights Act' any 'distance or off-premises' orders made for a product deemed as 'Bespoke or Customised' is exempt from cancellation rights. For the avoidance of doubt, this means once your order is accepted, you loose the right to cancel the order. This does not affect your statutory rights. 10. Returns 10.1 If your order arrives damaged, incomplete or is incorrect, you must inform Photography by Maryna in writing (including via email) within 14 day s of receipt. To assist us in fixing the problem as quickly as possible we ask that you: a) include a full description of the problem, and b) include photographs impossible of any errors or damage. 10.2 Where we accept the error and/or damage as our responsibility or that of our suppliers / providers, we will arrange to repair or replace that part of your order. 10.3 You must return the damaged and/or incorrect product to us to enable us to arrange the repair and/or replacement. 11. Refunds 11.1The retainer fee is refundable: a)upon cancellation within 48 hours of a booking. b)At viewing session if the photographer did not fulfil her job requirements. Please look at “Terms of Service” c)If you have to cancel due to reasons beyond your control (serious illness, injury, bereavement etc) d) If it is states so in a special offer 11.2 The retainer fee is NOT refundable a) If you cancel after 24 hours of a booking. While reserving a place for you we cannot take any clients for the slot. Also sometimes special equipment or backdrops will have to be hired, professional make up artist/hair stylist booked, so the cancellations for that will have to take place. b)If you fail to attend your shooting appointment at the studio. c)If you fail to attend the viewing session d)If you changed your mind about placing the order or found another photographer etc 11.3 REFUNDS FOR PRODUCTS AND PACKAGES a)Photographic products are bespoke (made specially for you). Under Consumers Act Law the bespoke products are NOT REFUNDABLE unless unfit for use (bad quality). Once order is placed, there is no “change of mind”. b)Sometimes some of the products become unavailable. If these products are not the free gifts as part of the package, and are paid for, the refund will be offered. Otherwise they will be substituted with the similar products. c)If you request a refund and are eligible, written confirmation is required. The refund will take up to 7 working days to get processed. d) No refunds are given on a partial instalment payments. 11.4 Gift vouchers sales are final. They are not refundable (unless within 24 hour aftersale period) and not exchangeable for cash. a)However they can be transferred to another person or used towards any photo experience within studio if discussed and arranged with the photographer. b)Gift voucher is valid for one year since purchase date. Extensions can only be given if discussed with Photography by Maryna PRIOR to gift voucher expiry 12. Warranties and Representations 12.1 You warrant and represent to us that: a) you are legally capable of entering into binding contracts, b) you have full authority, power and capacity to agree to these terms and conditions, c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading, and d) you will be able to take delivery of the product in accordance with these terms and conditions. 12.2 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, include without limitation, any unavailability of raw materials, components or products, or any power failure industrial dispute affecting any third party, government regulations, fire, flood, disaster, riot or war. 13. Variation 13.1 We may revise these terms and conditions from time to time. The latest version will be published on our website. 13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of revision, but will not affect contracts made before the time of revision.
TERMS OF SERVICE Photography by Maryna aims to provide the best service and supply you with quality images and products which you will cherish for ever. By “quality” image it is understandable: sharp, clear, correctly exposed, post-processed and well printed. However you must understand that we are not in control people’s moods, so if some expression is not obtainable from a child due to him/her not feeling well or not wanting to cooperate, this cannot be classed as “not quality product”. We cannot comply by people’s self esteem issues. While we’ll do the best to make you look the best we can, statements like “I don’t like it because I need to loose/put on weight, too big, too small…” cannot be applied to the quality of the images. Photography by Maryna will not tolerate any bulling, blackmail or abusive behaviour in our studio towards photographer or any members of her family. Prosecution for these will be pursued. Photography by Maryna reserves the right to change terms and conditions at any time without notice. Photography by Maryna LTD is registered in England and Wales with company number 8656386
Address: 23-23 Duke street, St Austell Cornwall, PL25 5PQ